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Publication Details

Brief
PB0122-16
TitleFree, prior and informed consent? Village Forest (Hutan Desa) licences in Indonesia
AuthorSebastien de Royer, Ujjwal Pradhan and Gamma Galudra
Year2016
PublisherWorld Agroforestry Centre (ICRAF) Southeast Asia Regional Program
City of PublicationBogor, Indonesia
Series NumberBrief no 62
Number of Pages6
Call NumberPB0122-16
Abstract:
Free, prior and informed consent (FPIC) has been recognised as a process to ensure the right of indigenous people and local communities to give, or withhold, their involvement in actions, activities, law and policies that apply to, and affect, their land, territories and natural resources. Its origin is in the concept of indigenous people’s right to self-determination, supported by international treaties, such as the UN Declaration on the Rights of Indigenous Peoples and Convention 169 of the International Labour Organization, and is closely linked to customary and historical connections with land. While initially associated with indigenous peoples, in the forestry sector and, more recently, in the REDD+ discourses, it has been extended to include ‘forest-dependent people’ and, in some texts, ‘local communities’ (RECOFTC 2012). FPIC is an attempt to reconcile the long history of interventions and development practices that ignored people’s customary and local rights and neglected negotiations seeking informed consent from affected communities. FPIC as a method is designed to encourage decision-making based on people’s own norms, customary and local rules and is meant to allow them to reach agreement through their own systems: it protects the right to participate. It is, therefore, not merely about informing and obtaining some form of consent but rather also about the effective and meaningful participation of indigenous peoples and local communities, including women. FPIC is intended to safeguard their material interests, cultures and ecological values and minimize harm. The process should be free from force, intimidation, coercion, or pressure by anyone (government, company, organisation).
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